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(영문) 서울서부지방법원 2017.03.30 2017고단231
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CK5 cars.

On September 29, 2016, the Defendant driven the above car around 04:40 on September 29, 2016, and driven the crosswalk in front of Eunpyeong-gu Seoul Metropolitan Government at a speed of about 108km at a speed of 108km, depending on the two-lanes among three-lanes, with the strings of credit in the world.

At the time, it is difficult to secure view at night and its location is 60 km speed at that time. In such a case, the Defendant, who is engaged in driving of a motor vehicle, has a duty of care to observe the prescribed speed and to properly see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of the motor vehicle

Nevertheless, the Defendant neglected this and got the victim E (65) (65) who has driven a bicycle on the right side of the running direction by driving a speed exceeding about 48 km a speed of 48 km per hour and passed it over the floor by taking the victim E (65) who passed the road on the right side of the driving direction into front of the right part of the said car and front of the right side.

Ultimately, the Defendant caused the death of the victim in his/her job by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Reports on internal accidents (internal accidents against the analysis reports and replies by the Road Traffic Authority);

1. Application of Acts and subordinate statutes to death certificates;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is the case where the victim was at considerable fault in the occurrence of a traffic accident or the expansion of damage in the area of mitigation (4 to 1 year) (special mitigation) (the victim is also the victim of a traffic accident), and where the illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act on the Special Cases of the Teaching, is serious (the decision of sentencing): The victim's gross fault (the unauthorized crossing) and the victim's fault.

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